Legal Opinion

Houston Packing Co. v. McDonald

Court of Appeals of Texas

Decided April 14, 1915No. 5465PublishedCited by 8 opinions

Error from District Court, Harris County; Chas. E. Ashe, Judge. Petition for mandamus by the Houston Packing Company against W. T. McDonald and others. A demurrer to the petition was sustained, and judgment of dismissal entered on a refusal to amend, and plaintiff brings error.

1Opinion of the CourtMoursund, J.

The Houston Packing Company, plaintiff in error, filed suit against the Texas & New Orleans Railway Company before W. T. McDonald, justice of the peace, on the 11th day of December, 1912, for $7.50, damages for lost meat hooks, all costs of suit, and $20 attorney’s fees. The attorney’s fee was sought to be recovered under the provisions of article 2178, Revised Statutes of 1911; a compliance with the provisions of said statute being duly alleged by the plaintiff. Judgment was obtained by the plaintiff for the sum of $7.50, with 6 per cent, interest from January 30, 1912, together with $10…

2Cases cited4 opinions

  1. Brady v. FullerSupreme Court of Kansas · 1908
  2. St. Louis, B. & M. Ry. Co. v. KnowlesCourt of Appeals of Texas · 1914
  3. Clark v. FordCourt of Appeals of Kansas · 1898
  4. Phenix Insurance v. StahlSupreme Court of Kansas · 1908

3Cited by8 opinions

  1. Huff v. Fidelity Union Life Insurance CompanyTexas Supreme Court · 1958
  2. Johnson v. Universal Life & Accident InsuranceTexas Supreme Court · 1936
  3. State ex rel. Royal Insurance v. BarrsSupreme Court of Florida · 1924
  4. Foster v. HO Wooten Grocer CompanyCourt of Appeals of Texas · 1954
  5. Houston T. C. R. Co. v. PattersonCourt of Appeals of Texas · 1916

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